28-year-old man gets nearly 40 years in prison for ‘brutal’ Spokane murder

A 28-year-old man was sentenced Wednesday to nearly 40 years in prison for the murder of 51-year-old Andy Hernandez, who was found gagged with his hands tied together in 2022 near People’s Park in Spokane.

John Birgen, wearing red Spokane County Jail clothing, pleaded guilty to first-degree murder, unlawful imprisonment and unlawful possession of a firearm before Spokane County Superior Court Judge Raymond Clary handed down a 39¼-year sentence agreed upon by the prosecution and defense.

“I think the murder was heinous. I think it was inexplicable. I think it was brutal,” Clary said.

Birgen, Randy Slone, 29, and Larren Parker, 21, were all arrested on suspicion of murder and kidnapping charges.

Parker pleaded guilty in May to second-degree murder and conspiracy to commit first-degree kidnapping. She has yet to be sentenced.

Slone is awaiting trial. All three defendants remained in jail Wednesday.

Hernandez was found dead Oct. 23, 2022, along a dirt trail near the confluence of Latah Creek and the Spokane River, according to court documents.

Slone told police Birgen drove him and Parker to the area of the Nom Nom gas station near Division Street and Cataldo Avenue, where Hernandez was. Slone said in court documents that Birgen told him to tie Hernandez’s hands together and tape his mouth. Slone said he worried Birgen was going to shoot him as he was binding and gagging Hernandez.

They then put Hernandez in the car, and Birgen drove everyone to the area of a dog park, Slone told police.

Slone told police Birgen used a large rock to hit Hernandez in the head and grabbed the rope that was around Hernandez’s neck and pulled it.

Slone said he did not assault Hernandez besides hitting him a couple of times in the back of his head, and he assisted Birgen in tying rope around Hernandez’s neck, according to documents. Parker was in the car at the time of the killing, Slone told police.

Hernandez died of blunt-force trauma and lack of oxygen, according to the Spokane County Medical Examiner’s Office. Court documents said the autopsy determined he had a broken neck, extensive injuries to his throat, including a broken bone, and severe blunt-force trauma to the back of his head.

Slone told police that Birgen didn’t like Hernandez because Birgen alleged Hernandez raped Birgen’s friend. Slone said the alleged rape was Birgen’s motive for killing Hernandez.

Diego Garcia, Hernandez’s brother, said after Wednesday’s hearing the rape claim was false and there was no evidence of a sexual assault.

Three of Hernandez’s siblings, including Garcia, and Hernandez’s nephew addressed the court Wednesday.

Garcia said Birgen’s rough childhood wasn’t an excuse to kidnap, bound and break his brother’s neck. He said, however, that he doesn’t hate Birgen.

“Unfortunately, you’re going to live with that the rest of your days,” Garcia said.

The other two siblings who spoke, Freddie Hernandez and Herlinda Goble, said they will not forgive Birgen.

“The way you ended my brother’s life, there’s no forgiveness,” Freddie Hernandez said.

He said his brother was a “kind soul,” hard worker and they were best friends as children.

Goble said Birgen hurt her family and Birgen’s family members, two of whom cried in the courtroom gallery during Wednesday’s proceedings.

“We’re a Hernandez clan,” Goble said. “We’re pretty strong.”

Birgen’s attorney, Anne Wasilewski, said Birgen, who declined to address the court, wanted the court and the Hernandez family to know he was deeply sorry and hoped the sentencing brought closure. She said Birgen was suffering from a “psychological break” and self-medicating at the time of the murder.

She said her client was born into a world of abuse, drugs and abandonment, and that the “system failed him.” She said the only world he knew was filled with drugs and crime.

Clary said he understands some people come from a bad background, but it doesn’t explain taking a human life.

After the hearing, Garcia said he’s pleased with the closure his family received from the sentencing, but he would have preferred a life sentence. He said nothing will bring his brother back, but the families of the victim and defendant can move forward.

“It’s just unfortunate,” he said. “It’s what it is. There’s nothing I can say that will change anything, and now we have to learn to live without him.”